Item 4. Fill in the name and address of the payee.

Item 5. Indicate whether the article was commercially insured. If yes, give the policy number, name and address of the insurance company and the amount of a deductible, if appropriate.

Item 6. Enter registered article number.

Item 7. Check appropriate block to indicate the type of claim. If claim is for the complete loss of content, indicate by making an additional entry.

Item 8. List and describe the lost, missing or damaged articles. For damage claims, describe packaging in detail.

Item 9. Have the mailer date and sign the claim form.

Item 10. Enter the total amount claimed, excluding postage.

Item 11. Enter the name and ZIP Code of the post office where the claim is filed. Items 12-23. Enter the required information. Use the mailer's copy of the registered mail receipt for this information. Verify this information against the post office record. Endorse post office record and customers receipt Claim Filed, date and sign.

Items 24-33. All applicable items must be completed from registry records.

Items 34-35. Have the postmaster, or his designated representative, date and sign the form.

Item 45. Complete, where applicable for damage claims.

(2) Detach copy marked Form 3841A (Office Copy-Mailing Office) Part 6 fold in quarters and file by the name of the mailer. Do not file with Forms 3841, Insured Mail Claims.

(3) Send claim form and documentation to the post office address for completion of the claim form.

(b) Filed by the addressee (Damage or rifling only).-(1) The accepting employee will complete items 2 through 8, item 10, if known, and items 36 through 45 as appropriate:

Item 2. Enter the name, address and ZIP Code of the mailer.

Item 3. Enter the name, address and ZIP Code of the addressee.

Item 4. Fill in the name and address of the payee.

Item 5. Indicate if the article was commercially insured. If yes, give policy number, name and address of the insurance company and the amount of the deductible, if appropriate.

Item 6. Enter the registered article number.

Item 7. Check appropriate block to indicate the type of claim. If claim is for the complete loss of content indicate by making an additional entry.

Item 8. List and describe the lost, missing or damaged articles. For damage claims, describe packaging in detail.

Item 10. Enter total amount claimed, if known. Exclude postage.

Item 36. Enter the name and ZIP Code of addressee post office.

Items 37-39. Complete from post office registry records.

Items 40-41. Have the postmaster, or his designated representative, sign and date the form.

Item 42. Obtain the necessary information from the addressee.

Item 43. Obtain the signature of the addressee and date signed.

Item 44. Obtain signature of owner, if not the addressee.

Item 45. Complete for damage claims only.

(2) Detach copy marked Form 3841-A, Part 5 (Office Copy-Address Office), fold in quarters and file by name of mailer. Do not file with Form 3841, Insured Mail Claims.

(3) Send claim to the post office of mailing for completion of claim form. § 164.8 Additional post office responsi

bilities.

(a) Office of mailing (Claims Received from office of address). (1) Request the mailer to appear with the necessary documentation. Do not release the claim form to the mailer.

(2) Complete claims for damaged registered articles received from the office of address. (See § 164.7(a).)

(3) Endorse registered mail receipt Claim Filed, date and initial. Return the receipt to the customer and instruct him to keep it until the claim is settled.

(4) When claim is for total or partial loss, endorse Form 565 with complete dispatch and routing particulars (item 24-33).

(5) Send claim form and documentation to the office of address for completion, if form is incomplete. If the form is complete (including those claims for registers declared at NO VALUE), dispose of as follows: (DO NOT SEPARATE PART 1-4).

(i) Forward all claims for wrong delivery, alleged rifling, loss claims over $200 and no value loss to the local postal inspector-in-charge. Endorse the envelope, Form 565. Rifled envelope or package must accompany claim file.

§ 164.6 General instructions for filing

registered mail claims.

(a) Who may file. (1) An inquiry and/or claim for complete loss (including COD) may be filed only by the mailer.

(2) An inquiry and/or claim for partial loss (including COD) may be filed by the mailer or addressee.

(3) An inquiry and/or claim for damage (including COD) may be filed either by the mailer or addressee.

(b) How to file-(1) Domestic Claims. A customer may file an inquiry and/or a claim at any post office, classified station or branch. Form 565. Registered Mail Inquiry for Delivery and/or Application for Indemnity, dated October 1973 or later, is used to make inquiry or file a claim for loss or damage of registered mail. DO NOT COMPLETE A SEPARATE FORM 1510 OR 3841 FOR REGISTERED CLAIMS.

(2) International Claims. Claims for international registered mail are to be handled in accordance with Chapter 7, Publication 42—International Mail.

(c) When to file—(1) Inquiry and/or Claim for Loss. Customer may not file an inquiry and/or a claim involving loss until 15 days after the date of mailing in the case of domestic mail, or 30 days after the date of mailing in the case of articles addressed to or mailed from an APO or FPO.

(2) Partial Loss, Damage or Rifling Claims. Claims for partial loss, damage, or alleged rifling must be filed immediately.

(3) Registered Indemnity Claims. Must be filed within one year from the date the article was mailed. In case of doubt, accept the claim and outline the details for postal data center evaluation.

(d) Information required-(1) Evidence of Registration. The customer must submit evidence that the article was registered. Acceptable evidence includes either:

(i) The original registered mail receipt issued at the time of mailing.

(ii) The wrapper which must have the names and addresses of both the mailer and addressee and the appropriate registered mail endorsement, indicating postal service handling as registered mail.

(2) Evidence of Value. The customer (including Government agencies which have registered official mail) must submit evidence of value for registered claims. Acceptable evidence includes:

(i) Sales receipt.

(ii) Invoice.

(iii) Statement of value from two reputable dealers.

(iv) Catalog value of a similar article. (v) Statement describing the article lost or damaged, including where purchased, date, amount, and whether the article was new or used. If handmade, price of material used and labor. Describe the items in sufficient detail for postal data center to determine that the value claimed is not excessive.

(vi) Paid repair bills, estimates of repair costs, or appraisals may be used in lieu of estimate of value in the case of claims for partial damage. When a question exists whether cost of repair exceeds actual value, other evidence of value may be required.

(vii) Statement of cost for duplication and premium for surety bond when claim is for loss of securities or certificates of stock.

(3) Evidence of Loss or Damage. (1) For loss claims, the mailer's declaration of nonreceipt by the addressee is sufficient basis for initiating Form 565.

(ii) For damage claims, the article with the packaging must be presented at the time the claim is filed. The article with the packaging will be retained at the post office until released by the postal data center.

(4) Estimates and Appraisals. If necessary, the article (not the packaging) may be returned to the customer in order that he may obtain an appraisal or estimate. Give and take receipts for damaged articles. The condition of the article shall be noted on the receipt.

(e) Assignment of responsibilities. (1) Post offices, stations and branches will accept and process claims upon presentation of the required information.

(2) The St. Louis Postal Data Center will adjudicate and pay or disallow all domestic registered mail claims. [39 FR 26754, July 31, 1974]

Item 4. Fill in the name and address of the payee.

Item 5. Indicate whether the article was commercially insured. If yes, give the policy number, name and address of the insurance company and the amount of a deductible, if appropriate.

Item 6. Enter registered article number.

Item 7. Check appropriate block to indicate the type of claim. If claim is for the complete loss of content, indicate by making an additional entry.

Item 8. List and describe the lost, missing or damaged articles. For damage claims, describe packaging in detail.

Item 9. Have the mailer date and sign the claim form.

Item 10. Enter the total amount claimed, excluding postage.

Item 11. Enter the name and ZIP Code of the post office where the claim is filed. Items 12-23. Enter the required information. Use the mailer's copy of the registered mail receipt for this information. Verify this information against the post office record. Endorse post office record and customers receipt Claim Filed, date and sign.

Items 24-33. All applicable items must be completed from registry records.

Items 34-35. Have the postmaster, or his designated representative, date and sign the form.

Item 45. Complete, where applicable for damage claims.

(2) Detach copy marked Form 3841A (Office Copy-Mailing Office) Part 6 fold in quarters and file by the name of the mailer. Do not file with Forms 3841, Insured Mail Claims.

(3) Send claim form and documentation to the post office address for completion of the claim form.

(b) Filed by the addressee (Damage or rifling only).-(1) The accepting employee will complete items 2 through 8, item 10, if known, and items 36 through 45 as appropriate:

Item 2. Enter the name, address and ZIP Code of the mailer.

Item 3. Enter the name, address and ZIP Code of the addressee.

Item 4. Fill in the name and address of the payee.

Item 5. Indicate if the article was commercially insured. If yes, give policy number, name and address of the insurance company and the amount of the deductible, if appropriate.

Item 6. Enter the registered article number.

Item 7. Check appropriate block to indicate the type of claim. If claim is for the complete loss of content indicate by making an additional entry.

Item 8. List and describe the lost, missing or damaged articles. For damage claims, describe packaging in detail.

Item 10. Enter total amount claimed, if known. Exclude postage.

Item 36. Enter the name and ZIP Code of addressee post office.

Items 37-39. Complete from post office registry records.

Items 40-41. Have the postmaster, or his designated representative, sign and date the form.

Item 42. Obtain the necessary information from the addressee.

Item 43. Obtain the signature of the addressee and date signed.

Item 44. Obtain signature of owner, if not the addressee.

Item 45. Complete for damage claims only.

(2) Detach copy marked Form 3841-A, Part 5 (Office Copy-Address Office), fold in quarters and file by name of mailer. Do not file with Form 3841, Insured Mail Claims.

(3) Send claim to the post office of mailing for completion of claim form. § 164.8 Additional post office responsi

bilities.

(a) Office of mailing (Claims Received from office of address). (1) Request the mailer to appear with the necessary documentation. Do not release the claim form to the mailer.

(2) Complete claims for damaged registered articles received from the office of address. (See § 164.7(a).)

(3) Endorse registered mail receipt Claim Filed, date and initial. Return the receipt to the customer and instruct him to keep it until the claim is settled.

(4) When claim is for total or partial loss, endorse Form 565 with complete dispatch and routing particulars (item 24-33).

(5) Send claim form and documentation to the office of address for completion, if form is incomplete. If the form is complete (including those claims for registers declared at NO VALUE), dispose of as follows: (DO NOT SEPARATE PART 1-4).

(i) Forward all claims for wrong delivery, alleged rifling, loss claims over $200 and no value loss to the local postal inspector-in-charge. Endorse the envelope, Form 565. Rifled envelope or package must accompany claim file.

(ii) Send claims for damage and for loss of $200 or less to the Director, Postal Data Center, P.O. Box 14622, St. Louis, MO 63181. Endorse envelope, Form 565.

(6) If Form 565, Part 1-4, is rereturned from the office of address indicating proper delivery, resulting in no loss, remove Part 4 and complete lower half. Fold Part 4, place in a window envelope and mail to the complainant. Retain Part 1-3 for 6 months, then destroy. Annotate Form 3814A file copy to show results of inquiry.

(b) Office of address (Claims received from mailing office). (1) When a claim is for los, search files (Forms 3849, 3883, 3867, and manifold bills) for record of receipt and/or delivery and endorse claim form to indicate results (item 37).

(2) Request the addressee to appear (DO NOT RELEASE THE CLAIM FORM TO THE ADDRESSEE). If the claim is for damage and the addressee has possession of the damaged article, it must be presented for inspection and retained by the post office until released by the PDC. (3) Complete the claim form (items 36 through 45).

(4) Detach Form 3841A Part 5 (Office Copy-Address Office), fold in quarters and file. (Do not file with Forms 3841, Insured Claims.)

(5) If Form 565 is incomplete or the inquiry determines that the article was properly delivered, resulting in no loss, return to postmaster, office of mailing. If Form 565 is complete and loss or damage is determined, follow instructions in paragraph (a) (5) (i) or (ii) of this section for disposition.

(6) Address office portion of claims or mailing office portion for damage claims filed by the addressee should be completed within seven (7) days after receipt and claim form forwarded to the St. Louis PDC or the Inspection Service, whichever is applicable.

(c) Followup on the status of a claim. (1) Provided at least 90 days have elapsed since the claim was initiated, process the customer's inquiry by sending a memorandum requesting status to the:

Postal Data Center

P.O. Box 14632

St. Louis, MO 63181

The memorandum must identify the nature of loss, registration number, the address of both mailer and addressee, the date of mailing and date the claim was filed.

(2) Depending upon the response from the postal data center proceed as follows:

(i) If the postal data center indicates that the claim has been received, annotate the Form 3841, as appropriate, and inform the customer who initiated the inquiry.

(ii) If the postal data center has no record of the claim, they will provide further instructions.

(d) Duplicate Claims.—(1) Duplicate claims shall not be accepted or submitted unless requested by the St. Louis Postal Data Center or the Mail Classification Division, Finance Department, at Headquarters.

(2) When instructed, the initiating post office will prepare and process a duplicate claim as follows:

(i) Use the information on the original Form 3841 to complete as much of the duplicate Form 565 as possible. The signature of the customer who initiated the claim and the supporting documents is not necessary.

(ii) Mark the top of the Form 565 Duplicate.

(iii) Annotate the original Form 3841 to indicate that a duplicate claim has been initiated and the date forwarded to the second post office.

(iv) Process through normal channels. [39 FR 27655, July 31, 1974]

If,

§ 164.9 Payment conditions and recovery of articles or reimbursement. (a) Payment Conditions. (1) through established error by the Postal Service, a fee less than that required to cover the amount of insurance coverage requested at the time of mailing was charged, the mailer may be permitted to pay the deficiency in fee and postal insurance may be paid within the limit fixed for the higher fee.

(2) If commercial insurance is carried on a registered, insured, or COD article, the total amount of insurance to be received will be prorated between the Postal Service and the insurance company using the following formula:

(3) If the insured or COD article was lost or the entire contents totally damaged, the payment check will include an additional amount for postage (not fee) paid by the mailer.

(4) If both mailer and addressee claim insurance, they should decide between themselves who should receive payment. If no agreement is reached, payment may be made to the mailer, the person with whom the Postal Services contract of insurance was made.

(5) If the mailer is incompetent or deceased, payment will ordinarily be made to the legal representative. If there is no legal representative, payment may be made to such relative or representative of the mailer as may be entitled to receive the amount due, in accordance with applicable State laws.

(b) Disposition of article. When a lost, registered, insured, or c.o.d. article is recovered, the payee may accept the article and reimburse the Postal Service for the full amount paid if the article is undamaged, or such amount as may be determined equitable by the Postal Service if the article is damaged or has depreciated in value or if the contents are not intact.

(c) Handling reimbursement. If reimbursement is tendered representing an overpayment, erroneous or improper payment, or a voluntary indemnity refund, accept it and issue a receipt. Send all reimbursements to the St. Louis Postal Data Center with the applicable certifying office claim number and date of certification. Personal checks, money orders, or other negotiable instruments should be made payable to the Postal Service. If the instrument is made payable to the postmaster, he should sign his name and restrictively endorse it Pay to Postal Service and remit as above. Do not mark an entry in the cashbook.

(d) Control over recovery claims. When an overpayment, erroneous, or improper indemnity claim payment is disclosed and repayment is not tendered, report it to the Director, St. Louis Postal Data Center, by memorandum, to be placed under accounts receivable control. [38 FR 19041, July 7, 1973, as amended at 39 FR 27654, July 31, 1974]

PART 165-CERTIFICATES OF MAILING, RETURN RECEIPTS, AND RESTRICTED DELIVERY

AUTHORITY: 39 U.S.C. 401.

SOURCE: 39 FR 20971, June 17, 1974, unless otherwise noted.

§ 165.1

Certificates of mailing.

(a) Purpose. Certificates of mailing furnish evidence of mailing only. A receipt is not obtained upon delivery of the mail to the addressee. The fee paid for certificates of mailing does not insure the article against loss or damage.

(b) Fees (1) Individual Pieces. Original certificate of mail- 5¢ for ing for individually listed pieces of all classes of ordinary mail.

Each additional copy of original certificate of mailing or original mailing receipt for registered, insured, certified, and COD mail.

piece mail scribed.

each

of de

2¢ for each piece mail scribed.

of

de

(c) Forms (1) Who prepares. (i) Certificates of mailing are prepared by the mailer, except mailers on rural routes or at nonpersonnel rural stations and branches. Individual and firm mailing book certificates must show the name and address of both the sender and the addressee, and may show the amount of postage paid. Identifying invoice or order numbers also may be placed on the certificate.

(ii) Customers of rural routes and nonpersonnel rural stations and branches may deliver mail to the rural carrier with the fee for the certificate. The carrier will obtain the certificate at the post office, attach the stamps, cancel them by postmark, and deliver the certificate to the sender on his next trip.

(2) Individual certificates. Form 3817, Certificate of Mailing, is used for an individual certificate for ordinary mail of any class. Forms specially printed at the mailer's expense may be used also.

(3) Firm mailing books. Firm mailing books Forms 3877 or 3877-A or forms printed at the mailer's expense may be used for certificates for three or more pieces of mail of any class presented at one time.